The National Industrial Court, NIC, sitting in Abuja, has ordered Federal Ministry of Health, Federal Ministry of Labour and Productivity and the Attorney General of the Federation to maintain the status quo in the crisis between the Medical and Dental Consultants Association of Nigeria, MDCAN, and the Joint Health Sector Unions, JOHESU.
The government, or its agents, were also ordered by the court not to implement any agreements reached with any of the unions in the health sector, until the case before the court is dispensed with.
It also ordered that no party in the case before it, MDCAN or JOHESU, shall embark on any strike until the motion, or notice, which is already filed in the court is heard and determined.
This was part of the decision of the NIC in suit no: NICN/ABJ/177/2014 filed by the Medical and Dental Consultant Association of Nigeria as claimants while the Federal Ministry of Health, Ministry of Labour and Productivity and Attorney General of the federation were defendants.
It will be recalled that the Federal Government had reportedly granted concessions to JOHESU and Assembly of Healthcare Professional Association that include approval of consultancy positions for support staff, abolition of Deputy Chairman, Medical Advisory Committee position and appointment of support staff as directors.
But MDCAN while kicking against the concessions maintained that politics should not be allowed to destroy the health sector further, accusing JOHESU of pursuing strictly monetary rewards for its members through their appointment as directors and consultants and creation of autonomous departments rather than actual practice of medicine.
A copy of the NIC judgment which was given to journalists in Ibadan yesterday by the President of MDCAN, Dr Olusegun Oluwole, rejected the prayer of MDCAN to grant an order of interim injunction to restrain the defendants “from carrying out or giving effect to the decisions, resolutions and agreements that were reached at a meeting that was held in Abuja between JOHESU and Assembly of HealthCare Professionals Associations, AHPA, and the Secretary to the Government of the Federation, among others.”
The court which was presided over by Justice M.N. Esowe, also resolved to put all parties on notice and served court processes on all parties rather than hearing the case exparte as requested by MDCAN.
The judge, while adjourning the case for hearing and determination of the motion on notice, further ordered that “no parties shall proceed to any act in furtherance of any agreement reached by the parties, which arguments form the kernel or subject matter of this motion before the court. Nobody or party in this case shall embark on any strike action until the motion or notice which is already filed in this court is heard and determined.”
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